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Inheritance Crimes, David Horton, Reid Kress Weisbord
Inheritance Crimes, David Horton, Reid Kress Weisbord
Washington Law Review
The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.
But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For example, states have criminalized …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Congressional Investigations --Relevancy of Required Testimony
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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State
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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime
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Evidence--Judicial Admissions--Testimony as to Objective Facts
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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity
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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures
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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership
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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition
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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant
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Torts--Landowner--Duty to Social Guest
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Wills--Pretermitted Heir Statue--Sole …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases --
Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment
Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage
Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature
Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB
Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured
Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion
Wills--Holographic Codicil--Publication of an Invalid Typewritten Will
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Agency--Liability of Master for Servant's Acts--State Permit to Operate
Agency--Possession as Indicia of Ownership
Constitutional Law--Aliens--Detention Where Deportations is Impossible
Courts--Contempt--Delay in Summary Punishment
Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement
Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart
Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price
Income Taxation--Taxable Income--Claim of Right
Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report
Procedure--Statute of Limitations--Retroactive Operation
Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment
Wills--Contest--Interest of Legatee's Representative
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582
Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited
Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power
Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order
Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent
Damages--Injury to Child--Expenses of Parent in Attending Child
Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action
Domestic Relations--Legitimation Statute--Interpretation and Effect
Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING
CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS
CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT
CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED
CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE
FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION
INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE
RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?
TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT
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AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE
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BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION
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CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT
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CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS
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CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION
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CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE
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CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED
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ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT
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CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING
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CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES
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CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE
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CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL
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CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES
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FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED
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INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY
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LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
ADMINISTRATIVE LAW--RADIO LICENSES--FCC CONTROL OF RADIO PROGRAMMING
CONSTITUTIONAL LAW--CORPORATIONS--STATUTE REQUIRING SECURITY FOR COSTS IN STOCKHOLDER'S DERIVATIVE SUIT
CONSTRUCTIVE TRUSTS--TAX SALES--RIGHT OF REMAINDERMAN TO PURCHASE AT TAX SALE TO THE EXCLUSION OF LIFE TENANT
CRIMINAL PROCEDURE--EVIDENCE--EXCLUSION OF VOLUNTARY CONFESSION OBTAINED DURING ILLEGAL DETENTION
DOMESTIC RELATIONS--ALIMONY-POWER OF COURT TO MODIFY OR REMIT PAST DUE INSTALLMENTS
EMINENT DOMAIN--REMOVAL COSTS WHEN PART OF A LEASE IS TAKEN--EFFECT OF RENEWAL OF OPTION TAKING ALL OF LEASE
EVIDENCE--CHARACTER WITNESS FOR ACCUSED--CROSS-EXAMINATION AS TO KNOWLEDGE OF ARREST MANY YEARS PREVIOUSLY
FEDERAL PROCEDURE--FOREIGN CORPORATIONS--WAIVER OF VENUE BY DESIGNATION OF AGENT FOR SERVICE OF PROCESS
FULL FAITH AND CREDIT--SUIT …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.